171 In Life

Ignorance Is Not Bliss

darbydoll booked

Darby Doll is not doing well.

She inadvertently broke the law.

And she is so sorry.

She loves her alma mater with all of her heart… but she infringed on their trademark by printing the words “War Eagle” on tee shirts.

Within a few hours of posting the tiger tee in the shop last week someone at Auburn University let me know that “War Eagle” is a trademark of Auburn University. First, I thought about what an idiot I was for not knowing that and then I immediately removed the shirts from the shop. Just a few hours in the shop is all they had but the damaged had already been done. This week I wasΒ  contacted by the Collegiate Licensing Company and I unfortunately knew what their email would say before I even opened it… it was full of legal jargon accompanied by phrases such as…Β  “unauthorized use of a trademark”, “we will advise the University accordingly and suggest a legal course of action”. I spoke with the CLC today, to assure them that I had complied before even being asked to comply with their request to cease & desist, that it was an honest and ignorant mistake and I will do whatever I need to do to make it right, which I am currently in the process of doing. The reality is these trademarks are not taken lightly and I have learned a very hard lesson.Β  I asked the attorney today that I spoke with if it would be okay for me to print the tiger on a tee shirt without “Auburn” or “War Eagle” and he advised, that while the tiger I used is not trademarked/copyrighted by Auburn University that it closely resembles a tiger that they use and told me I may not use it. There will be no more “team” related tees and I have been advised not to use any colors associated with the university as well; all of these are the proprietary rights of the university and I will not gain from what is rightfully theirs. Live & learn! The good thing is that I can still say “War Eagle!” which I intend to do this weekend. I also intend to sit on the beach with my family and not think about what kind of mess I’ve gotten myself into. The good thing is, I can at least look at Darby Doll in her orange {wood grain} jumpsuit and laugh and remind myself that His grace is sufficient for me.

PS- I didn’t touch Darby Doll’s hair, this is exactly how I found it in the bottom of a bin in the closet of the playroom… she’s such a mess!

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  • Jennifer
    September 1, 2010 at 10:54 pm

    Oh Darby. That just stinks. Hang in there!

  • Leah
    September 1, 2010 at 10:56 pm

    I’m sorry πŸ™ Sounds very stressful! And sounds like they aren’t being very nice…or just being lawyers πŸ˜‰ I’m not sure if it’s okay for them to tell you that you can’t use a color or something that they haven’t trademarked/copyrighted. But I understand you not wanting to ruffle feather…too much at least πŸ˜‰

  • Stephanie
    September 1, 2010 at 11:03 pm

    yikes! can’t you just refer them to the blog so they can see it was an honest mistake? just kidding… kind of.

    have a nice time on vacation and don’t worry about the copyright craziness. and by the way, darby doll looks like a few hollywood starlets’ mug shots with her hair all crazed…

  • Sarah's Fab Day
    September 1, 2010 at 11:05 pm

    When I first saw the Darby doll I was all yippee, I love her. Then I read the accompanying post and now am feeling bad about the scroogey collegiate fat cats. I know I love my alma mater too but seriously?! Get a life. I will say War Eagle as much as I can this weekend too in Darby doll’s honor.
    PS – Her hair is super hot! πŸ™‚

  • emily
    September 1, 2010 at 11:10 pm

    Oh man. Hope it doesn’t steal too much of your thunder. Those shirts are darling … just keep going …

  • shelly powers
    September 1, 2010 at 11:11 pm

    bless your heart darby… i am so sorry! what a mess…. however i will say i am so glad darby doll is back… i have missed her…and love her… thanks and have a blast at the beach… soak up some sun for me! πŸ™‚

  • Grace Happens
    September 1, 2010 at 11:21 pm

    wow, talk about war eagle eyes! i can’t believe they caught that so fast. it was such an honest mistake, so don’t worry about it! have fun at the beach…but i do hope you leave darby doll behind;) hehe.

  • Caroline
    September 1, 2010 at 11:30 pm

    Chin-up, don’t fret nor let it ruin your trip. But WOW, that is remarkable how quickly they tracked you down. Is there a fine or just a stern warning? Saying a prayer for a quick, and inexpensive, resolution!

  • MommaRa
    September 1, 2010 at 11:33 pm

    Yikes. Maybe you should switch and be a Dawg fan. πŸ™‚ Hope your weekend is lovely. At least Darby Doll looks great in orange.

  • Clover@farrbetterlife
    September 1, 2010 at 11:44 pm

    I am so sorry but I had to laugh. I know you are working hard at your shirt business but it is so ridiculous you have to laugh. Especially with a picture like that.

  • lucy murchison
    September 1, 2010 at 11:54 pm

    wow. I can’t believe you aren’t allowed to print that on a shirt. seriously?! There is stuff all over etsy that is for different colleges. I don’t imagine those people know they are violating school trademarks. I mean… really?! Kind of ridiculous in my opinion. I think your shirts are super cute. I hope you don’t lose your thunder.

  • Mott @ The Courtyard Gate
    September 2, 2010 at 12:10 am

    Hang in there, Darby! This is just a little side-step. You will get through it and continue on with your wonderful new business. People love you and love what you can take and turn into something precious. So look out, John Deere, we’re gonna need more tractors for the shirts! LOL

    On another note, does Justin still deliver pine straw locally? I am in bad need of some. I was wondering if I could get prices and an approx. delivery date? I’m not assuming you handle this, but was hoping you could pass the info on to him. You/he can reach me at mottasu@gmail.com. Talk with you soon! Mott

  • Justine
    September 2, 2010 at 12:30 am

    Darby Doll makes me laugh every time, especially your comment about her hair. πŸ™‚ Hope you have a great holiday!

  • Lesley
    September 2, 2010 at 12:44 am

    I’m sorry. πŸ™ I understand that companies need to protect their trademarks/copyright laws…but yikes! Seems like a warning could have been sufficient. I hope everything gets sorted out quickly.

  • Megan
    September 2, 2010 at 1:02 am

    Colors are proprietary rights of the University? Really? Give me a break! I’m with MommaRa – you should become a Dawg fan πŸ˜‰ We are much cooler about such things in the Bulldog Nation.

    By the way, I love your posts but I love all the comments too! I wish we could all get together for a big ole social of some sort and get to know each other!

  • Debbie
    September 2, 2010 at 2:19 am

    Isn’t life just so complicated. As this wasn’t done with malice it will work out- as we Aussies say ‘just give it a fair go!’

  • Pru
    September 2, 2010 at 2:54 am

    You poor thing. I hope that it all blows over, these letters seem so scary when they come in but I am sure that the college will realise that it was an honest mistake and you have rectified it. Let us know if there is a PayPal ‘Save Darby’ fund and I know that we would all happily contribute.
    Enjoy your weekend of relaxing.

  • Amy
    September 2, 2010 at 5:08 am

    I came across this same thing but was able to self correct when a friend of mine who was selling my shirts in her shop said we probably didn’t want to have a knock on our door from “Mr. Collegiant.” I am super surprised they told you team colors were property of the University as well. There are just so many different teams that have similar colors, maybe not to Auburn, but in general. FYI I was contacted by Gerber company for using the term “Onesie” in a description. Gerber owns the rights to the term “Onesie” so if you ever do your shirts on that type of article of clothing call it a baby bodysuit or something else. I am so sorry you have had to go through this, but as in all things, yu have handeled with grace. Just a small hurdle in the road, right? LOL!

  • Courtney at Scattering Lupines
    September 2, 2010 at 5:13 am

    Oh no! I never would have thought of it either!

  • Blair
    September 2, 2010 at 5:24 am

    D, don’t beat yourself up over it. as you said, it was an honest mistake. by the way, who on earth had the time to rat you out to the clc? i like the idea of that ‘save darby’ paypal account, sign me up for a contribution too. the shirts are still great, even if you can’t use auburn colors, or tigers, or words…their loss! enjoy the holiday weekend deary.

  • Kendall Boggs
    September 2, 2010 at 5:25 am

    wonder how UT trademarks their 20 different colors of orange????? πŸ™‚ good luck and hope it all works out!

  • Meg
    September 2, 2010 at 6:11 am

    So sorry to hear about all of this. I have so enjoyed your Blog and don’t miss it. This is just terrible but something that you have learned from you and you will continue on. Always something when business is involved but it helps us to learn and you were so gracious about it. You should be fine. Just giving you a little scare. Shame on them. Have a safe and Blessed Holiday weekend and keep your chin up. All will be well. God is good and He has your back. :o)

  • paige
    September 2, 2010 at 6:14 am

    oh boo hiss!
    so sorry to hear of this ….ugh
    i’m sure your precious family will have a fantastic weekend at the beach
    His grace is sufficient for you darby!
    but boo hiss anyway

  • jo
    September 2, 2010 at 6:34 am

    omg what a mess! i can’t believe you aren’t more bitter about your alma mater treating you this way. but you must feel kind of good that you are important enough that they would know about your little ole t-shirts within hours of you blogging about them….you’re big time! πŸ™‚

  • Kerry
    September 2, 2010 at 6:49 am

    What color are you supposed to make a tiger if you can’t use orange? I thought God had a copyright on that! Don’t let it get you down. They shirts are awesome! You should feel blessed you’re so big-time they feel threatened. They know a good thing when they see it. Now go copyright your shirts because I’m sure you’ll see that design in the gift shop of the college if you don’t

  • style'n
    September 2, 2010 at 6:51 am

    That sucks! But I guess you live and learn and I hope it all gets sorted out soon. Have fun at the Beach!
    naina

  • chelsea
    September 2, 2010 at 6:54 am

    You poor thing! I can imagine your heart sinking as you received those notifications! Legal jargon is not very nice and shouldn’t be used for good intentioned people like you. Let it roll off. I bet those attorneys were pleasantly surprised by your kindness and desire to make things right. I, however, would LOVE to have one of those tee shirts!

  • Anne W
    September 2, 2010 at 7:02 am

    Oh, what a yucky situation. Sorry you’re having to go through this, Darby! I hope it all gets worked out quickly and painlessly.

  • Daphne A
    September 2, 2010 at 7:08 am

    Ridiculous!!! All I can say is ridiculous!! I understand the War Eagle thing but they have no right to tell you not to use certain colors. Does that mean I broke the law by monogramming my kids initials onto a blue t shirt in orange lettering? The t-shirts are adorable and I wouldn’t worry a second about it Darby.

  • Brittaney
    September 2, 2010 at 7:14 am

    Oh no! That’s sad. Although I should have known better. The lady who did my husband’s groom’s cake wouldn’t even shape it as Jordan-Hare because of trademarks. Good luck with the legal stuff and enjoy your trip to the beach!

  • Katie
    September 2, 2010 at 7:17 am

    OH, Darby! So sorry to hear about that. I hope it’s all over quickly without anything too major! Maybe you should create some Free Darby tees…we’ll all buy them! HAHA! Poor Darby Doll’s hair…hard time can sure frazzle a girl. (2 Chronicles 20 … God fights our battles! Hallelujah!) OH! And we got our bike and camper tees … cute, cute, cute! THANK YOU! I hope none of this discourages you…keep up your awesome talent!

  • Tiffany
    September 2, 2010 at 7:17 am

    I am one of the most laid-back people you would ever meet, so that seems so nit-picky (I have no idea how to spell that)to me. I wouldn’t have thought about it either. I know so many people around here who make and sell UGA items and use the “G” freely. I wonder how many of them are actually licensed to sell them… Head up! I’m sure that it will be okay.

  • Kellie
    September 2, 2010 at 7:24 am

    Oh Darby…WOW!!! So sorry, who would have known???? Well, maybe there are some people out there who knew, but I guarantee you there are so many “sewers” (did I just write sewer? you know what I mean) that make these things for their children all the time, yours is just a little more “public”!!! I personally would be making my children “Roll Tide” outfits all the time if I could sew, and I know people who do. Learning to “laugh at the days to come” (and behind) is a great characteristic, I hope you will do much of it this week!!! Enjoy your trip!!!

  • Sara H
    September 2, 2010 at 7:27 am

    That’s just ridonkulous and I’m so sorry you have to go through all that junk!! You’re a true fan…. for the love, I can’t believe because the tiger RESEMBLES one they have trademarked you can’t use it. Seems rather backward to me. No colors related to the university? Did they invent the color wheel?? I’m a huge Auburn fan, but this just makes me mad!! Hope you get to put it behind you very soon.

  • Tara Verdigets
    September 2, 2010 at 7:29 am

    Darby Doll! Shame on you! Well, being true to your Alma Mater is kindof like a marriage; for better OR worse! Hang in there and WAR EAGLE!!!

  • Mary Elizabeth
    September 2, 2010 at 7:29 am

    Good Lord!!
    Things keep getting more complicated…too many restrictions!
    I’m sure all will go fine, it’s just unnerving.
    {When my son became an attorney I secretly wished he had gone to medical school instead)

    ::sigh::

    M.E.

  • becky
    September 2, 2010 at 7:31 am

    Hey Darbs-So sorry! Hope it gets resolved smoothly! Such a bummer-those were cute shirts and I am not even an Auburn alum! Love you!

  • Ashley Eiler
    September 2, 2010 at 7:33 am

    that gets a big TONGUE OUT AND SPIT FLYING EVERYWHERE…so sorry!! sounds like something that would happen to me…just sorry it happened to you…love you friend!

  • Ashley Eiler
    September 2, 2010 at 7:33 am

    oh…and i think darby doll looks HOT!! πŸ™‚

  • Julie
    September 2, 2010 at 7:36 am

    Live and learn, huh? At least it happened quickly, so that you don’t owe them any monetary compensation. You better watch out Ford doesn’t come after you next πŸ˜‰ I’d maybe strip the “Bronco” off your design, and just leave it as a truck up for interpretation.

  • kat
    September 2, 2010 at 7:38 am

    Yikes indeed! My husband is an Auburn grad as is one of my best friends and I was thinking how cute your shirts were. It never would have occurred to me that you couldn’t use it. Sorry you had to go through that stress. Hopefully a week at the beach will help that stress melt away!

  • jenna
    September 2, 2010 at 7:42 am

    wow! you poor thing! thats awful they took it so seriously and you even had to talk to a lawyer about it. how silly is this world these days!!!
    I hope you have a very relaxing time at the beach with your family!!

  • K
    September 2, 2010 at 7:45 am

    Wow! I work for the public affairs office of my alma mater and I can totally see Auburn’s point but you complied and they should just leave you alone! Mistakes happen. Also, the whole “don’t use a tiger or Auburn colors.” That seems a bit of overkill. I don’t see how they can stop you from using a tiger on an orange shirt! There must be 100s of orange tiger shirts out there in the world. Just remember – it sounds like whatever lawyer you spoke with works for the licensing company/University – might not hurt to speak to a lawyer of your own just to make sure it is all straightened out and to find out what you truly can and can’t do.

  • Christian
    September 2, 2010 at 7:47 am

    As a fellow alum, a resident of said location, and the wife of a professor who has innocently encountered similar… roadblocks, I can empathize. Enjoy the beach, the mess will float away.

  • Melissa
    September 2, 2010 at 7:54 am

    Ouch – but at least you know your shirts and your blog are very popular if your Alma Matter found you that quickly. A silver linning to this unfortunate event. I hope all is resolved as painless as possible – and for all the attorney haters on here – we aren’t all evil….

  • McCall
    September 2, 2010 at 8:01 am

    Oh no, Darby! I am so terribly sorry! I personally happened to LOVE the WAR Eagles shirt. Don’t you hate it when something good and innocent morphs into something that makes you lose sleep?

  • Jenny
    September 2, 2010 at 8:11 am

    Colors??? Really. I think they may be stretching it. I doubt that everyone who makes a shirt in Auburn orange is paying dues to them. BTW I thought your Auburn shirt was the cutest thing I’ve seen in a while, meaning liscensed from them. Maybe they should step up and pay you royalties for making such a cute shirt for Auburn.
    : )

  • Elizabeth
    September 2, 2010 at 8:16 am

    The real ‘losers” here are the poor children who will be forced to select game day fashion from the licensed choices!

  • Allyson
    September 2, 2010 at 8:20 am

    Oh D! I am sorry about this. What a mess! It will pass soon I’m sure. Have a great time at McBeach (and I’ll see you on Friday :))!! Love you!!

  • Erica
    September 2, 2010 at 8:23 am

    I am very surprised by the reaction that you received. I cannot believe that they are that strict about such things. I hope that you have a great weekend at the beach!

  • Kelly@TearingUpHouses
    September 2, 2010 at 8:26 am

    Oh goodness. I had heard this about university trademarks, but GOODNESS.

    Overkill, anyone?

    Kelly

  • Erica
    September 2, 2010 at 8:29 am

    Bless your heart! I had a similar experience with a copyright. I was selling handmade tabbed blankets on my Etsy site not realizing that Taggies had the concept patented. I basically just got a slap on the hand and my product removed. I don’t know how you are supposed to know what is copyrighted or patented…I guess you just have to Google everything! Now I am just sticking to burp cloths πŸ™‚

    Have you thought about selling your T’s on Etsy?

  • Candace
    September 2, 2010 at 8:33 am

    Oh my goodness, Darby…this is CRAZY!!!! Can’t believe that you can’t even use the colors! I met you on the beach in Watersound…my husband’s Tyler…and I SO wanted an Auburn shirt for our little girl. Oh well! Like you said, Live and Learn. I plan to purchase one of your other T’s…think they’re all great!

  • margaret
    September 2, 2010 at 8:33 am

    My daughter Simms wore her shirt to playschool this morning with pride! It is so cute and she was thrilled when my sister suprised her with it yesterday! Guess Ill hold off on doing a blog post about the shirt and linking it to your site. Sad! we love the shirt and all of your creativity!

  • Megan
    September 2, 2010 at 8:33 am

    SO SORRY!!!!!!!!!! Have fun at the beach!

  • Becky
    September 2, 2010 at 8:38 am

    I’m so sorry! I hope yall have a wonderful beach weekend! I love your shirts, and your creativity!

  • Wendy
    September 2, 2010 at 8:39 am

    I understand not being able to use the “War Eagle” saying. BUT not being able to use the color orange and a tiger is just a lawyer going in for the kill! They have no rights, legal or otherwise, to either of those things. If that was the case, we would all be wandering around naked since all colors and a lot of animals are associated with some sort of university or professional team. My guess is that one of your avid readers probably had an overzealous relative or friend who works in the legal dept. of Auburn. I do have a question though, not being an Auburn fan or from the south, how does a tiger mascot have the slogan of war eagle?

  • Bess
    September 2, 2010 at 8:44 am

    Oh, so sorry this happened and that they were less than kind, even though you did the right thing. I understand the no “War Eagle” thing, but come on, no orange and blue? As if they are the only school to use those colors? Anyone ever heard of the University of Illinois, for example (maybe not in AL, but seriously…)

  • wanderluster
    September 2, 2010 at 8:50 am

    Long live Darby doll! And here I was ready with some bail money. Hope your time at the beach washes away all your troubles.

  • Dianne
    September 2, 2010 at 8:50 am

    Whenever I found a doll in that condition I knew she had been over loved. Consider yourself over loved by your many fans who wish this whole mess would just go away.

  • Kate
    September 2, 2010 at 8:53 am

    Yikes!! Legal jargon is downright scary sometimes. But seriously, Auburn cannot trademark orange. If I were you, I’d make an orange tee with “Go Bulldogs!” on it. πŸ˜‰

    Brush your shoulders off, Darby! You meant no harm; you were just showing your awesome spirit!

  • Abby
    September 2, 2010 at 9:00 am

    I was wondering when I saw the cute shirt if you would get in trouble for it. I figured you probably had worked something out with the university. It was an honest mistake. Don’t worry about it. The good news is that people on campus were already reading your blog. I’m sure an employee probably was looking at it at work and noticed the tees. Darby, you’re taking over the world. Ha. I love Auburn so much. I hope this incident doesn’t get you down. I’m gonna laugh if I spot one of the tees on a child when walking around campus this weekend. War Eagle!

    Oh, and for fans from other schools, I am pretty sure Auburn is not the only school to legally trademark its logo, symbols, and mascots.

  • Cat from iBlog
    September 2, 2010 at 9:03 am

    Darby! I’m so sorry! I would have done the same thing, not thinking about it! I wonder how they heard so quickly…..GOSH, the must be stalkers, too! Who knew! Ok, but this darby doll picture is cracking.me.up. When I saw it, diet coke flew out of my nose. (btw, that’s the 5th time that’s happened while reading your blog) So sorry about all this mess. Try not to think about it and listen to the waves on the Gulf. Go to the red bar, have a drink….maybe two…or three…or eight….teen…. and enjoy the white sand.

  • Robyn Marie
    September 2, 2010 at 9:12 am

    We all make mistakes. We are human and this stuff happens to all of us at one point. You are doing everything you can to make the situation right and that is all you can do. I hope you enjoy the long weekend with your family and spend very little, to no time, stressing about this. Have a great Labor Day weekend!

  • alston
    September 2, 2010 at 9:13 am

    oh man, legal jargon is the pits! your tees are adorable, and i’m sorry to hear that this happened. glad to see darby doll reappear, crazy hair and all!

  • rhonda
    September 2, 2010 at 9:21 am

    Oh, blast it! I am so sorry! But if you were to make a Free Darby (doll) tee, I would buy it to support your legal fund!! πŸ™‚

  • Mrs. R
    September 2, 2010 at 9:31 am

    That didn’t even cross my mind!! I am so sorry, but hopefully this will just blow over. You took it down immediately and surely they will understand. Who knew a school owned the rights to certain colors too. Geesh.

  • Erin @ Blue-Eyed Bride
    September 2, 2010 at 9:31 am

    Oh, goodness! I’m so sorry. I used to work for the University of South Carolina and know another friend who has had to go through all kinds of messes with the CLC. I’m just sorry it happened to you– you’re such a nice person. And I know you didn’t intend to break any rules.

    In one way it seems like what do they care? It’s all promoting their school? Boo.

    And even though I’m a Gamecock fan, I still love Auburn and shout War Eagle whenever they’re not playing the Gamecocks. I think we’re going to make it down for the Auburn/USC game this year.

    Hang in there and enjoy sitting on the beach!

  • Rachel
    September 2, 2010 at 9:31 am

    Oh no, Silly Auburn officials. Atleast all the other t-shirts are wonderful. Hope this doesn’t stop you from continuing Honey Bee Tees.

  • Mary
    September 2, 2010 at 9:35 am

    I got so excited when I saw Darby Doll’s heading popping up this morning until I realized it was a mugshot. I hope Auburn drops the case and moves on. I am sure you are not a criminal. I’ve never posted before but the whole legaleez mess just really ticked me off. I’m a Bama fan, but I thought the t-shirt was adorable and I look forward to seeing the lucky little ones who were fortunate enough to get one proudly showing their support. I agree with Rhonda above…you need to do a “Free Darby” tee. Have a good day and RTR.

  • Heidi
    September 2, 2010 at 9:38 am

    My goodness, mistakes happen and you couldn’t have handled it better! I adore the shirts and your constant wonderful Christian attitude!

  • KJ
    September 2, 2010 at 9:40 am

    I’m with Rhonda. Make a “Free Darby Doll” tee but in adult size!

  • Susan
    September 2, 2010 at 9:42 am

    Give me a break! Come on Auburn, leave Darby alone. There is enough corruption without going after Honey Bee Tees. I agree, you do need to do a “Free Darby” tee. Enjoy the beach and just don’t worry. It will all work out.

  • Emily Z
    September 2, 2010 at 9:45 am

    LOVE your blog! I have it saved in my favorites file!

    Don’t even worry about it!! Those lawyers need to get a life! The lawyers probably made a bundle of money working for the university on this case…I have two lawyers in the family so I know. Sometimes lawyers don’t understood true justice. They definitely overstepped their authority in this case. Sorry you had to go through this!!! Ugh!!!

    On a different note, I thought of you as I visited the White House with my family a few weekends ago. And why might you ask, because the White House not only has their own vegetable garden they also have their own BEES!! I thought of you and your husband collecting honey and thought you might want to know the president has his own bees too! Very cool!

    Hope this brightens your day!

  • Anna
    September 2, 2010 at 9:55 am

    When it’s all settled, this will be hilarious. Totally something I’d do. And I’d be baffled why a heart felt apology wouldn’t do the trick! Oy! But you’ve gotta stick your neck out there and try new stuff! Live and learn! πŸ™‚

  • Michelle
    September 2, 2010 at 10:01 am

    I love your blog! You are so sweet and I am sorry you had to go through that. That must have been a bad day. Don’t let it stress you out. Just pick yourself up and move on. I am sure Auburn is not losing any sleep over it.

  • Amanda
    September 2, 2010 at 10:02 am

    You can’t use the colors….now that sounds crazy….it angers me a bit. I am sure you are just trying to play it safe! Live, learn, and move on I suppose…keep up with the shirts….SO CUTE!!! πŸ™‚

  • Sarah Hedgspeth Foster
    September 2, 2010 at 10:03 am

    Bummer. While you’re in touch with those university crazies, you should see if they want to buy and sell your super cute war eagle t’s πŸ™‚ A totally innocent incidence…would’ve never thought of that.

  • jackie
    September 2, 2010 at 10:03 am

    So sorry about all the mess!Who would have thought anything about it? I sure wouldn’t have. Surely they see the innocence in all this, that you really did not know. Have a blessed and relaxing weekend. Jackie

  • Amanda
    September 2, 2010 at 10:04 am

    Actually the more I think of it…they should contract you to make kids shirts!!!!!

  • Jaime Harder Caldwell
    September 2, 2010 at 10:12 am

    Oh, Darby! I’m so sorry! I thought they were so cute and was planning to order one for my godson! My husband (who’s in law school so you know how they think they are experts in everything related to the law) says that you can’t get in trouble for just giving them to friends and family, so you should keep them and enjoy wearing them as spirited contraband! Kudos to you on your adorable line of shirts! War Eagle!

  • Lindsey
    September 2, 2010 at 10:38 am

    absolute craziness?! so sorry about this. hope it’s only a minor bump in the tee business. please make a ‘free darby doll’ shirt. and be sure to put your trademark rights on it:)!

  • Claire
    September 2, 2010 at 10:41 am

    Maybe our SEC teams should take hints from all of the stylish moms and Darbys out there…their “officially licensed” merchandise is UGLY!!! They should be emailing you to DESIGN their official stuff, not shut you down!!!

    Real Auburn grads DON’T want to shop for Auburn gear at WAL-MART!!! Get it through your heads, AU!

  • Liz Swiger
    September 2, 2010 at 10:42 am

    If you REALLY wanted to use the colors, you can (look up smack apparel…. they’re not licensed through CLC but they make college related shirts). I just e-mailed my ex boyfriend who works at CLC and it was probably his team that did this! Their main concern is to be licensed, you have to pay a fee, so if you aren’t, they’re missing out on money. He goes around to football games and checks product licenses, and collects stuff from people who aren’t licensed. They feed EVERYONE that legal jargon, so you’re not being picked on πŸ™‚ So long as you sign off saying you won’t do it anymore, you won’t be in any trouble at all!

  • Tessa
    September 2, 2010 at 10:51 am

    unbelievable! you can’t even have a shirt with a tiger?! so much for team spirit and all that good stuff! πŸ™‚ Have a fabulous time at the beach.

  • Beth
    September 2, 2010 at 10:52 am

    I am so in awe of your business and wish so much that I had the nerve you do. Don’t let this rain on your parade. I love the doll!!!

  • Lynn
    September 2, 2010 at 11:05 am

    Wow! Like so many other commenters, I also think this is borderline RIDICULOUS of them! Over the years I’ve seen so many children wearing cute handmade, smocked, embroidered etc clothing with the team colors, the team slogans, the team symbols etc – rooting for their favorite teams. My favorite place to see these displays of football loyalties is at church! Ha! So will they go into the churches and round up all the young children in Sunday School who are sporting their precious little outfits in the fall!? UGH! It seems to me that we should be able to “create” our own renderings that proclaim the institutions we love and support. Can’t use a tiger because it is “similiar”??… or a color??? I think GOD owns the colors as He alone made them! NO WAY! Like someone above suggested, ask an attorney to clarify these things!
    Went to Target with my daughter again the other day and it was funny – she was halfway looking for you there! : ) She’s been reading your blog since we met that day and thinks those girls are so so cute! It’s ok though, I’m smitten with JM myself! We got em all covered!!
    Yall have a fun time at the beach!
    Hugs
    Lynn

  • Becky
    September 2, 2010 at 11:11 am

    And you should NOT touch her hair, either! It’s PERFECT!

    Ooooh! You SHOUlD make a Darby shirt, as the previous person commented. That would be ADORABLE!

  • andrea
    September 2, 2010 at 11:25 am

    That is too funny! Are you allowed to at least give the shirts away? Or did the U come by and confiscate them (for their own little tots no doubt!)?

    Keep up the good work. πŸ˜‰ And have a nice holiday!

  • andrea
    September 2, 2010 at 11:29 am

    PS. I used to sell hand painted t-shirts in san francisco. You wont believe how many 49’rs shirts I sold! But…. I painted a big red rectangle on the shirt and in gold I place 49 “R”s… that’s the letter R. Never once got in trouble! Pretty funny. πŸ™‚ Good luck with the biz. I used to be in the t-shirt selling world (from my kitchen table) and it can be lots of fun.

  • Kathleen
    September 2, 2010 at 11:30 am

    War Eagle
    Perhaps resources out there on the web which include SCORE –the small business mentoring and training organization– or learning from https://www.int/sme/en/documents/uni-trademark-licensing.html or http://www.auburn.edu/administration/trademark/logos.pdf to name a few, may help others wade into the waters of home based businesses with fewer headaches.

    also I can only speculate the combination of the protected color and a protected logo is in legal terms an unlicensed product to be considered counterfeit. It appears that smack apparel creates their own timely emblematic tee shirts however Please remember monies generated by licensing fees help to fund many of the programs at the favored university I wonder if smacks donates money to scholarship funds? thanks for letting we weigh in on this Hot Topic

    Happy labor Day to every one

  • gail mitchell
    September 2, 2010 at 11:31 am

    Darn, My son-in-law is in Iraq serving his 3rd tour..I thought he was fighting for all our freedom? Seems to me…YOU should be able to sell anything you want. How silly, silly for anyone to think they OWN anything connecting with a college? How did we get where we are? Lawyers, and such crazy, crazy, crazy stuff! I have told people about your work! DARN…Well…at least they feed ya three times a day in jail! LOL :O) Only kidding. It does still make me crazy to think this has happened to you! Unreal! P.S. And, I so wanted to paint my house…Orange and Blue! LOL… Go tell!!! Crazy, crazy world we are living in!

  • gail mitchell
    September 2, 2010 at 11:33 am

    P.S. To track ya down so fast….hmmmmm…Big Brother must be watching! OUCH!!! Let our freedom ring!!!!

  • pam
    September 2, 2010 at 11:37 am

    oh darby, i wouldn’t have known either. honest mistake. have a great weekend at the beach! pam

  • natalie
    September 2, 2010 at 11:38 am

    oh no way! i would have never thought that. so they own the colors orange and blue too???? crazy legal jargon.

    tell darby doll i think she will be just fine. this too shall pass πŸ˜‰

  • Amy Davis
    September 2, 2010 at 11:39 am

    I’ve printed UofL cardinal heads and mod-podged them onto hand painted signs…even sold a few. See ya in the slammer. I get dibs on the top bunk!

  • Valerie
    September 2, 2010 at 11:43 am

    How awful! I can’t believe they would get so upset about a simple and honest mistake. I hope everything turns out okay and that they relax a little bit! You should send them the rest of the tiger/orange t-shirts as a peace offering. πŸ™‚

  • Kim Dodd
    September 2, 2010 at 11:45 am

    They must have been really good lookin tees for them to jump right on it so fast…wonder if I will see some version of it at Toombers Corner…

    Never mind…have a ball at the beach this weekend. I live in that neck of the woods and it’s supposed to be a fabulous weekend!

  • Anna Boney
    September 2, 2010 at 11:49 am

    Darby! Welcome to the club! My senior year at Auburn my sorority sold “Cadillac for Heisman” t-shirts for a fundraiser! After we sold over 500 a lady from Samford Hall told the girls at Foy to stop selling them immediately. We broke two trademarks- Cadillac and Heisman! I had to write letters to both organizations apologizing and I am pretty sure the T-shirt company got in big trouble since they are the ones that printed them! Good times….

    Look at it this way- those War Eagle shirts are collectors items now πŸ™‚ Same thing with Cadillac for Heisman! πŸ™‚

  • Lindsay
    September 2, 2010 at 12:03 pm

    So happy to see Darby Doll, so sad to read your story. I wouldn’t have known, either, along with the other 99 commenters…

  • Sara
    September 2, 2010 at 12:11 pm

    Wonder how the Embroidery people get away with it every day!? I guess because they don’t advertise it?

  • Carolyn
    September 2, 2010 at 12:13 pm

    Glad to see Darby doll sporting a faux bois orange outfit. Sorry for your troubles! I find it quite ridic of them!

  • Lisa
    September 2, 2010 at 12:17 pm

    I’m all about supporting someone’s original idea, but sometimes things go a little too far. Owning colors? Yeah right. I know it’s probably not worth it to push this, but I don’t believe that at all.

  • christi
    September 2, 2010 at 12:26 pm

    boo hiss … but you handled this hurdle with grace. what makes me curious is how you get “busted” but the entire etsy site is chuck-full of collegiate themed merchandise. i think your decisions to just avoid is best but it still makes me wonder how one person gets busted and others just keep profiting. i mean, a simple search of “war eagle” on etsy brings you nearly 200 results of the blue and orange, UA logo, tiger and war eagle phrase.

    keep up the great work. enjoy the beach too. you are full of His grace and that is so apparent.

  • christi
    September 2, 2010 at 12:32 pm

    ps … don’t laugh at me … i was reading wikipedia last night and somehow ended up on the history of the onesie. did you know that gerber owns the copyright to the word onesie? CRAZY!

    https://en.wikipedia.org/wiki/Onesie

  • Ana
    September 2, 2010 at 1:23 pm

    Darby, I agree with a lot of comments above. A color has to be trademarked for anyone not to use it. Like Tiffany’s blue/turquoise, I doubt their orange is TMed. Not that I am suggesting you should dispute it.
    I think this is a test that everyone goes thru when they start their business – it is like your persistence and commitment to this new endavour is being tested. Do you continue or do you quit, bcs small business is usually tested with small set backs. I say go on girl – it is stressful sure, but this shall pass and one day, 2-3 years from now you will sit with a glass of wine with your husband and laugh about this whole situation. As long as no one was hurt physically you will be okay. What does not kill you, makes you only stronger.

  • Jessica
    September 2, 2010 at 1:27 pm

    you naughty girl! this is something you will be able to laugh at soon if not already. enjoy the beach!

  • Sarah@Clover Lane
    September 2, 2010 at 1:43 pm

    You should copyright that hair! πŸ™‚

  • Kelly
    September 2, 2010 at 1:47 pm

    Ugh – I can imagine what you must have felt like reading that letter πŸ™
    HONEST mistake and you have corrected the error so don’t beat yourself up!!!

    I too wonder why it’s okay for people on Etsy to sell that merchandise. Did a quick search on there with the term “War Eagle” and got hundreds of results! Many actually using the school logo and all! Wondering if they obtained some kind of license to sell? Doubt it. Just odd!!

    Also I find it ca-RAZY that they told you not to use the color orange. I mean WHAT!?!?!

  • Ashley
    September 2, 2010 at 1:51 pm

    Don’t let it get you down Darby! So crazy! Sometimes you just want to tell people to get a life and worry about something worthwhile!!

  • Jennifer
    September 2, 2010 at 1:58 pm

    Oh my! Well, War Eagle! anyway from one AU grad to another!

  • Anne K
    September 2, 2010 at 2:21 pm

    Your trip out of town is almost like one of those commercials (Southwest Airlines? I think)
    “Want to get away?”
    Sorry the War Eagle tee caused such a commotion….you had good intentions. Oh well…you have plenty of other cute designs.
    Enjoy your trip.

  • Laura
    September 2, 2010 at 2:56 pm

    OH DEAR! I never would have guessed this either. I wondered why those shirts weren’t there any more….I wanted one!! πŸ™‚ I’m so sorry…good for you for handling it so well!! WAR EAGLE. πŸ™‚

  • Happiness Is...
    September 2, 2010 at 3:23 pm

    I actually think that’s ridiculous – the NFL tried to go after stores in New Orleans for “Who Dat” (which mind you they had been printing on everything and anything for long before the Saints were any good) and they lost b/c the community was so outraged. A school can’t own colors or a combination of colors. It’s such a scam just for lawyers to make money. Sorry if that sounds cynical, but the whole idea of owning a combination of colors or popular saying is ridiculous. For example, if someone hand paints pottery that says “War Eagle” as a gift, how can they control that? You made an honest mistake and shouldn’t feel too bad…if Auburn owns blue and orange, then what about Florida and UVA? And Syracuse? So only one school can use those colors? Of course not.

    Vent over. Your stuff is adorable and you have plenty of creativity to come up with other ideas!

  • Amanda @ Serenity Now
    September 2, 2010 at 3:27 pm

    What a bummer. πŸ™ It sounds like they are used to hopping on their bandwagon and scaring the “bad” people who do stuff like this and know what they are doing.

  • christy
    September 2, 2010 at 3:51 pm

    That is absolutely ridiculous and I think they should call and offer to buy your t-shirts because they are so cute and school spirited instead of sending you a letter. They should be so lucky to sell them!

  • Tara
    September 2, 2010 at 3:51 pm

    I think you should consider making some adult sized shirts that say “Free Darby Doll”…procedes could go toward your legal fees! I would definitely purchasing one to support the cause!

    (P.S. Consider me legally granting you permission to use my idea!)

    War Eagle!

  • Kim
    September 2, 2010 at 3:56 pm

    I am so sorry this happened to you, and get very angry at deep pockets that try to push their weight on the “little man”. I agree with what others have said…seek your own counsel (do not trust theirs). The logos pdf that someone linked mentioned the colors…it specifically mentioned Pantone color chips and thread colors…those are not trademarked…and cannot be protected. I understand not wanting to ruffle feathers…but you have Rights also.

    Hope you have a wonderful weekend!

  • Chrissy
    September 2, 2010 at 4:44 pm

    Uhh … you can’t use their COLORS?? WHAT?? Sorry, there is no way – ABSOLUTELY NO WAY – any college or pro-team has exclusive use of colors. My son has a deep blue and orange striped shirt from Gymboree. Is Auburn aware that Gymboree DARED to use “their” colors?? (Forget the fact that I bought the shirt due to the fact that the colors are so close to Auburn’s colors. Hubby is an Auburn grad, I’m a UF grad but still … I love anything orange and blue, even if it’s a deeper shade than I’m used to!!)

    Hope all this turns out to be just a blip and doesn’t end up costing you any $$$.

    And I am laughing at Claire’s comment. SOOO true! We were visiting my hubby’s family in Huntsville last week and I found my daughter a cute Auburn shirt at Justice but we couldn’t find ANYTHING for my son at the MANY sports stores we visited. If we found a shirt for his size at all, it was pretty darn ugly. Where did we find his Auburn shirt (which ended up being an Auburn football jersey)? Wal-Mart. Whoever is designing Auburn shirts needs to contact YOU to come up with some decent ones!!!!!! (By the way, at the Justice store, they had a HUGE rack of Alabama stuff next to the picked over Auburn stuff. I asked if that was b/c they didn’t receive as much Auburn stuff or if people were buying more of it … she said it’s b/c everyone was buying the Auburn clothes. Loved that!!)

  • Hannah
    September 2, 2010 at 5:24 pm

    Call me crazy…. But is it not possible to get your product licensed with the University?

  • kayce hughes
    September 2, 2010 at 5:26 pm

    I am so sorry that you have had to go through all of this! I had the pajama police come out because I was making cotton PJ’s. Two guys spent and entire day pouring over my books. Kayce doll can relate to Darby doll.

    I hope that you will soon be laughing at all of this.

  • barbaraG
    September 2, 2010 at 5:48 pm

    Darby you faced your wrong and to do the right thing. Ye gads, Darby Doll evidently too has paid the price by being pushed down to the bottom. So now it looks like a fresh start for fall, and how about
    some designs and a new hairdo for Darby Doll.
    Best wishes,
    BarbaraG

  • Julie Briggs
    September 2, 2010 at 6:39 pm

    Well, WAR EAGLE anyway Darby! Sorry about the situation, but hang in there. Love your blog and what you’re doing!! Have a great vaca! I too will be on the gulf this week and can’t wait.

  • Candice
    September 2, 2010 at 6:49 pm

    Okay, I realize there is such a thing about copyright infringement, but you must realize that someone who read this blog squealed on you. I hate squealers when it comes to stuff like this.

    The Darby doll needs some hair plugs.

  • Deborah
    September 2, 2010 at 6:51 pm

    Darby, this reminds me of a t-shirt that my husband wears from the Nashville Shakespeare Festival(yes we do other things than country music) “The first thing we do, let’s kill all the lawyers” Henry VI part two act IV scene II. With all the attorney’s in the world, they have to make a living. Hang in there. BTW, some of our best friends are attorneys:). Hope the phrase is not copyrighted!

  • Jennifer
    September 2, 2010 at 8:07 pm

    Hang in there! We had a very same thing happened to our small family owned children’s clothing company this May…except for “Go Dawgs”. They must be on a serious crack down. They use a good bit of threatening and scary verbage, but since you complied it should all be behind you. Don’t let them get you down, and keep on making your adorable one of a kind creations!!

  • Nelle
    September 2, 2010 at 8:56 pm

    Poor, poor Darby doll. She is a hot mess. You are too precious and I love that you have the support of so many. Keep the faith little one and keep loving your alma even though they kinda suck for making you feel so guilty for loving them so much.

  • Ellen
    September 2, 2010 at 8:57 pm

    Bless. Your. Heart.

    And I’m with the poster that said God has a copyright on all the colors, not the colleges!

    Don’t let this get you down.

  • erika (mommasissy)
    September 2, 2010 at 9:18 pm

    i see that you are about 5′-4″ tall. why didn’t you post your weight? and i think the photo would have been better with a profile shot. maybe next time you get locked up you can do it that way.

  • Joy
    September 2, 2010 at 9:24 pm

    So sorry Darby, keep your chin up and have a great weekend

  • Caroline
    September 2, 2010 at 9:30 pm

    Always something, right?! Don’t let it discourage you. Lesson learned. We’re all still here to support you and your business! Good luck, hope it blows over with no fines or issues. πŸ™‚

  • Caroline
    September 2, 2010 at 9:31 pm

    Oh the bright side, if you go to jail you can sell “Free Darby Doll” shirts and we’ll all buy them to help post your bail! πŸ™‚ hehehe

  • Melise
    September 2, 2010 at 10:08 pm

    D! What a HUGE compliment!!! Auburn University (no slouch in the money making business) considers you a threat! If I were you, I’d put on a big ole smile! πŸ™‚ So super glad I got one before the big bad lawyer wolves found you! πŸ™‚ Hugs Sister! PS- All our dolls hair looks like that! What gives, can anyone shed light on how to tame the beast!? πŸ˜›

  • Kate
    September 2, 2010 at 10:58 pm

    The wonderful University of Alabama would NEVER do anything so mean. πŸ˜‰ Oh course I’m kidding. As the wife of an Intellectual Property lawyer who deals with similar issues all the time, I must say sorry. My husband would NEVER take it so far with something so silly. What a butthead.

  • joy
    September 2, 2010 at 11:21 pm

    Stuff like this sends my stomach in knots! I hope yours is okay! Some of that legal stuff can just be ridiculous. Best of luck with the tees, they are so cute. Sure wish you could keep doing the tiger ones though! War Eagle anyway!

  • Lauren
    September 3, 2010 at 12:21 am

    Oh, Darby! I hate that! Poor thing-bless your heart! I can see, though, how that could very easily happen. Well, like you say – we live and learn. But…Roll Tide!

  • Katharina
    September 3, 2010 at 12:34 am

    I`m very sorry to hear about all this trouble, feel hugged! Hope looking in your childrens face makes you think: there are more important things in life πŸ™‚

  • Mollie
    September 3, 2010 at 12:49 am

    Oh Darby! So sorry – lawyers are HORRIBLE! I had a somewhat similar situation with an honest mistake that got me a threatening letter with lots of legalese – it was horrifying! It’s no wonder bad people get away with real crimes, with the lawyers spending their time breathing down the necks of honest citizens!

  • Kendall Boggs
    September 3, 2010 at 5:09 am

    just thought a somethin. you better watch out, the prison association might get you for Darby Doll wearin that outfit πŸ™‚ It’s pretty similar:)

  • Kirby
    September 3, 2010 at 8:26 am

    Darby, I’m so sorry that happened! If you still wanted to make the shirts, you could contact the college book store and see if they’d like to purchase them from you to sell – that way the greedy university people still get their money, but you can still make the adorable shirts available – it certainly seems like there’s a demand for them! My parents produce posters of college doors that they photograph, and were going to sell them on a website, but they actually go directly through the college bookstores, who are usually always eager to carry original, quality merchandise. It’s worth a shot! Sorry for your headache.

  • darlene
    September 3, 2010 at 9:42 am

    Good Grief! You better watch out when you sing “Happy Birthday” at your kid’s next birthday party…. you might not have the rights to the song.

  • Kathleen
    September 3, 2010 at 10:12 am

    I am really astounded by the fact that so many posters here think a letter from a lawyer is horrible. If my neighbors dog is running around loose am I going to risk asking them to keep their dog on a lead. No, I call animal control ( a lawyer an enforcer) to patrol the area in hopes the neighbor gets the message. If you have paid good money to have a Designer come up with a logo you own that logo and if you want to grant permission to use that wonderful design you came up with that is our prerogative — permission needs to be granted some contract entered into. Perhaps, one thing some may fail to realize, if there is a copyright infringement of any sort, the first step is to contact the party and ask them to stop. Just like in the work place if you ladies think someone is sexually harassing you we have to tell them to stop — we have to take the initiative and tell them to stop. we have to document each incident and tell them to stop — you have to build your case. so education is the response to a trespass… the party suffering the damage has to educate the trespassing party and in a situation of contractual copyRIGHT etc. a letter from a lawyer is the first step to educate. On the subject of colors, Pantone is a company that has a recipe of sorts for ink colors an exclusive color hue. Col. Sanders has a secret fried chicken spice mix Coca-cola has a special secret recipe. you don’t go into a place that serves Pepsi and ask for a Coke. If you do they tell you they serve pepsi products. They are educating the consumer and the Coke product team has a group of enforcers that visit restaurants and ask for Coke at Pepsi places to see how they respond. What a job traveling and drinking soda all day.. well i suppose you don’t always drink the items it would be bad to overdo it. Anyway, once again thank you for letting me weigh in on this topic I am not a know it all. I hope i don’t come off as a pompous know it all but what I do know I am sharing in an attempt to offer some perspective. Also, if a topic is out there for discussion is it wrong to respond in the comment section? The blogger has the right to monitor comments and choose to let those stand posted as they see fit. I am curious as to what on the bottom of your web site here Darby please tell us what All Rights reserved means? I guess I could look that up on the internet too.

  • Jane
    September 3, 2010 at 10:44 am

    Hang in there! Last year the NFL tried to tell the New Orleans Saints that the term WHO DAT was actually their phrase and to cease printing it on any merchandise. Quickly the NFL was notified that the term WHO DAT was coined by a local New Orleans high-school band over 10yrs ago! Score one for the “litte people”. WHO DAT trying to say they own WHO DAT???

  • Grace
    September 3, 2010 at 12:02 pm

    I’m sorry but the colors thing is a load of bologna! You make blue and orange t-shirts to your little heart’s content – there’s no way they ‘own’ those colors! I am sorry you had to deal with their rude lawyers though! Hang in there!

  • Lorraine
    September 3, 2010 at 1:17 pm

    To Kathleen – I think what most readers are upset about isn’t that the University is claiming it’s rights, it’s the idea that in their first contact to Darby they would be so aggressive. Surely it was nothing personal against Darby as a person, they probably deal with this sort of thing all the time and that letter is standard. But for Darby’s loyal readers, the idea that someone would come at her so aggressively is bothersome.

  • rebekah
    September 3, 2010 at 2:09 pm

    in college, i nannied for someone who worked in the trademark and licensing department at auburn, and they are such tight wads for this stuff. you had a very gracious response. but that is ridiculous that you can’t use colors associated with the university. they don’t own orange and blue. if it makes you feel better, alabama is WAY meaner about licensing.

  • Amanda
    September 3, 2010 at 2:34 pm

    so sorry! It’s astonishing how rabid lawyers and laws are about such things. Sorry you bumped into this one, hope the bruises heal quickly. Let me know if Darby Doll needs any bail money posted πŸ™‚

  • Letty
    September 3, 2010 at 2:47 pm

    I’m sorry you had such an awful experience. But chin up– John and Sherry over at Young House Love had to change the name of their blog because of alleged trademark infringement! And they’re doing better than ever.

    Also, you seriously shouldn’t worry too much about it. The lawyers from Auburn are just trying to scare you. I should know, I’m a trademark attorney. If you need any help, please don’t hesitate to contact me. But you can relax, promise. Enjoy the beach!

  • Rachel
    September 3, 2010 at 3:22 pm

    Darby! I am sorry to hear about your little mistake. That’s incredible that they contacted you so quickly. Hope it’s all resolved quickly, and your tees are absolutely adorable!

  • Lindsay
    September 3, 2010 at 4:01 pm

    Hey Darby, I just had to comment because we had the same name for our blog posts. I hadn’t ever read your blog before but I have a friend who does and she let me know about our “same name” posts. I love your blog and your family is so beautiful! I am also a fan of a college team in Alabama, only my team happens to be the better team (wink). Roll Tide! God Bless. πŸ™‚

  • Katie
    September 3, 2010 at 6:28 pm

    the guys at j&m call the university people the “gestapo” because they come in periodically to make sure their gear is within compliance of the copyright guidelines.

  • May
    September 3, 2010 at 9:38 pm

    Aw, Darby, I’m so sorry this happened. I’ll pray everything goes smoothly for you and your shop. You have a wonderful outlook through it all and are a testimony of submission and goodwill. Take care πŸ™‚

  • Beki - TheRustedChain
    September 3, 2010 at 10:03 pm

    Oh man, that stinks! If it makes you feel any better, Fox contacted me after I made a gLeek necklace and had it listed on etsy.

    The letter was very similar to yours and stated that “Glee” and anything resembling it, including the word “gLeek”, are trademarked and needed to be removed immediately.

    Blah.

    Unfortunately, it happens to artists all the time.

  • Jennifer
    September 4, 2010 at 4:42 am

    I’m sorry you are having to deal with this πŸ™ I believe you 100% that this was an honest mistake. I didn’t read through the 150+ comments so maybe this was already suggested but, maybe the college will drop any pending legal work if 1) no shirts were sold 2) shirts were sold but you “donate” the money from the sales to the college 3) you remove the items and other legally advised materials from the shop 4) you sign some sort of document aggreeing to not sell those items in the future. I have no legal experience but it seems like it would be in everyone’s interest to settle this out of court.

  • Janice
    September 4, 2010 at 9:21 am

    I’m sorry that you’re going through this, Darby. Claim Proverbs 3: 5-6! I agree with Jennifer. Enjoy your family and vacation. I’ll keep this situation in my prayers.

  • Taylor N.
    September 4, 2010 at 2:32 pm

    Darby, oh no! What a silly thing to have such a huge ordeal come from a small mistake. I’m sorry this ruined all of your fun. Like you said, I bet you learned your lesson and His grace is sufficient πŸ™‚ Hang in there, you’ve got a brood of internet pals who love you and still think you’re great.

  • the domestic fringe
    September 4, 2010 at 3:56 pm

    Oh my. I’m so sorry. This is exactly the kind of trouble I’d get myself into. I’m sure it will all work itself out. I’ll be saying some prayers for a peaceful resolution.
    -FringeGirl

  • WendyLou
    September 4, 2010 at 4:35 pm

    Yikes!! I hope this goes away quietly for you!!

  • Erin
    September 4, 2010 at 6:16 pm

    AHH!! im so sorry to hear that! but darby doll’s prison shot cracked me up, if its any consolation…

  • Wendy
    September 4, 2010 at 11:46 pm

    Darby, would you mind sharing info on the sofa shown in the picture with your children and yourself for the book interview?

  • barbaraG
    September 5, 2010 at 6:27 am

    re: my comment Sept 2– to modify my statement —
    I’ll add: to err is human.

  • Kathleen
    September 5, 2010 at 10:41 am

    honestly, if there is an eager market for these tee shirts and the CLC once contacted for permission and samples submitted surely they are in a position to Guide people how to negotiate the hurdles to sell items that are “licensed” — now one of the notations in the PDF file I read mentions Aubie not available to mass retailers — maybe anyone that tries to sell items on the internet is deemed a mass retailer???. One may not necessarily be selling mass quantities but one has the ability to reach the masses or visa versa masses can reach you the seller by virtue of the internet via search engines facebook and twitter. If nothing else, this episode has been educational for your readers and raises some valid issues regarding the color scheme question and it would behoove the the favored university to be more clear regarding team color “exclusivity “. Should there be a beer summit with the president, CLC and Darby Doll to straighten things out here??

  • Bernie
    September 5, 2010 at 1:22 pm

    Yikes….honest mistake, but I am more amused at all the “outraged” comments. Live & learn….makes a good story to tell your future grandkids!

  • Leslie
    September 5, 2010 at 8:54 pm

    So shocked!! I love all of your ideas. Hope it goes away soon and you can relax and have a great vacation!

  • gina stanfield
    September 5, 2010 at 9:15 pm

    check out the blog our southern nest. i think you will like it. i am telling her to check you out also! oh, and war eagle anyway!!
    p.s. i sent you an e-mail about t-shirts ( that i lived in dothan and did you still want to mail it anyway.)

    thanks!

  • Momdiggity
    September 6, 2010 at 11:01 am

    I’m coming out of stalker hiding for this one…so sorry you had to deal with that. My husband’s an Intellectual Property defense attorney and sees these scare tactics all the time. Don’t let it discourage your creativity!

  • Jennifer
    September 6, 2010 at 6:54 pm

    Hi Darby
    I actually used to work for Reebok. I managed the jersey production for the NFL. It is amazing what colors and images can mean to a team and what can actually be “owned”. Unfortunately they would not have contacted you if they didn’t have any rights.
    So sorry it had to be down that way. I am sure that was pretty scary! And seriously you were just proud of your team!!
    Best of luck with the other images! I have worked on 2 other brands (one a store with a dog named Magic, the other a natural personal care company that produces “the worlds best natural lip balm”) and would be happy to answer any questions regarding licensing images.
    Happy image hunting!
    Jennifer

  • Rachel @ theinspiredhouse.org
    September 7, 2010 at 4:17 pm

    OMG I’m dying I’m laughing so hard!

  • Melanie
    September 10, 2010 at 5:37 pm

    I know that I am behind (moving twice in a year will do that to you) but this is to funny! Not for the mess but the doll, the story, the whole thing. Glad everything worked out for you.

  • dana
    September 20, 2010 at 7:15 pm

    I hope everything works out okay, Darby.

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    March 5, 2012 at 7:19 am

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